Supreme Court to Rule in Underage Drinking Case

Attorney says officers illegally detained University of Montana student they suspected of drinking

By Tristan Scott

MISSOULA — The attorney general’s office is asking the Montana Supreme Court to overturn a decision they say can make it difficult to enforce the minor in possession law.

The Missoulian reports the request came during arguments Wednesday in the case of a former University of Montana student who was convicted of underage drinking.

Marcy Kroschel cited the earlier ruling in arguing officers went beyond what the law allows when they asked her for her name and birthdate when they suspected she had been drinking. Officers detained her until she identified herself.

The Supreme Court in 2013 ruled officers overstepped their bounds when they approached a young man in a Dillon bar and asked for identification to verify his age after he said he was 22. State law allows officers to ask for a name and address during an investigative stop.

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